The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
which you have at all times contributed to the advancement of learning, and whereby you have justly acquired the title of patron and protector of letters. In fact, the extensive blessings that fortune has bestowed upon you, have been employed not as instruments of private luxury, but as means of promoting those arts, which have received an additional lustre, since they have shone so conspicuously in your person. Your friendship and correspondence have been courted by the greatest men of the present age; and your house, like that of Atticus, has been open to the learned of all orders and ranks, who unanimously respect you, not only as a supreme judge of learning and wit, but, moreover, as an arbiter elegantiarum, and master of finished urbanity. Your collection of valuable curiosities and books, wherein you have rivalled the magnificence of sovereigns, is the admiration and talk of all Europe, and will be a lasting monument of your love of literature. The polite reception you have always given to the learned of foreign nations has rendered your name so respectable abroad, that you are never mentioned but with expressions denoting the high idea they entertain of your singular munificence. These, Sir, are not particular sentiments of mine; they are the sentiments of the public, whose voice I utter; they are the sentiments of your learned friends abroad, which I have been desired to repeat to you upon a late occasion, together with their compliments of thanks for the marks they have received of your great and disinterested civility.2 It is with pleasure I embrace this opportunity of executing my commission, and of declaring in this public manner the profound respect and esteem with which I have the honour of subscribing myself,
| SIR, | |
| Your most humble and | |
| Gray’s Inn | Obedient Servant, |
| June 4, 1748 | Thomas Nugent. |
THE TRANSLATOR TO THE READER.
The author of the following work, M. J. J. Burlamaqui, was descended from one of those noble families of Lucca, which, upon their embracing the Protestant religion, were obliged about two centuries ago to take shelter in Geneva. His father was counsellor and secretary of state; honours which are frequently conferred in that city upon such as acquit themselves worthily of a professorship in the academy, particularly that of law, the fittest without doubt to form able judges, magistrates, and statesmen. The son, upon his return from his travels, was immediately nominated professor of this science, in which post he continued a considerable number of years, till the republic thought proper to remunerate his long and eminent services, by raising him to the same dignity as his father. The great reputation he acquired in his professorship, was less owing to his immense erudition, in which he equalled if not excelled all his predecessors, than to the quickness of his understanding, the clearness of his ideas, his sound and judicious views in the study of jurisprudence, and especially to the solidity of his principles on natural law and civil government. With regard to the occasion of his publishing these principles, he observes himself in his preface, that it was in some measure to comply with the importunity of his friends, but chiefly to prevent his reputation from being injured by a precipitate impression from any of those imperfect and surreptitious copies which had been handed about by his pupils. The public indeed had flattered themselves a long time with the hopes of seeing a complete course of the law of nature and nations from this eminent hand; but his occupations and infirmity obliged him to frustrate their expectations. However, as a good introduction to this science was extremely wanted, he thought proper, till he could publish his larger work, to favour us with the following principles, being convinced that in this, as in every other branch of learning, the most essential part is the laying of a proper and solid foundation. In fact, we daily observe that most errors in life proceed rather from wrong principles, than from ill-drawn consequences.
M. Burlamaqui is so modest as to consider these principles, as calculated only for young people, who are desirous of being initiated into the study of natural law; and yet we may venture to affirm it is a performance of general utility, but especially to such as have had the misfortune of neglecting this science in their younger days. It is a performance that must certainly be allowed to have the merit of an original undertaking, by our author’s ascending always to the first principles, by his illustrating and extending them, by his connecting them with each other, and by exhibiting them frequently in a new light. But his singular beauty consists in the alliance he so carefully points out between ethics and jurisprudence, religion and politics, after the example of Plato and Tully, and the other illustrious masters of antiquity. In effect, these sciences have the same basis, and tend to the same end; their business is to unravel the system of humanity, or the plan of providence with regard to man; and since the unity of this system is an unquestionable point, so soon as writers ascend to the principles, in order to view and contemplate the whole, it is impossible but they all should meet.
Our author’s method has nothing of the scholastic turn. Instead of starting new difficulties, he prevents them by the manner of laying his thesis; instead of disputing, he reconciles. Far from pursuing any idle or too subtle ideas, he follows nature step by step, and derives his arguments from sense and experience. His thoughts he unfolds with the greatest perspicuity and order; and his style is pure, clear, and agreeable, such as properly becomes a didactic work. In fine, he has the honour of preserving the character of a Christian philosopher, by inculcating the value we ought to set upon the light of revelation, a light which so advantageously assists the feeble glimmerings of reason in the high and important concerns of our civil and religious duties.
THE
Author’s Advertisement.
This treatise on the Principles of Natural Law, is an introduction to a larger work, or to a complete system of the law of nature and nations, which some time or other I proposed to publish. But having met with several obstructions in my attempt, through a variety of occupations, and principally from my indifferent state of health, I had almost lost sight of my original design. Being informed however that some manuscript copies of the papers I had drawn up for my own private use, when I gave lectures of jurisprudence, were multiplied and got into a number of hands, I began to apprehend lest this work should be published against my will, in a very imperfect and mangled condition. This induced me at length to yield to the sollicitations of several of my friends, by communicating the following essay to the public. Dubious whether I shall ever be able to finish the larger work, I have endeavoured to give such an extent to these Principles, as may render them in some measure serviceable to such as are desirous of being initiated into the knowledge of the law of nature. As for those who are masters of this subject, the present work is not designed for them: my view will be sufficiently fulfilled, if it should prove of any utility to young beginners in the study of this important science.
CONTENTS1
PART I
General Principles of Right.
CHAPTER I
Of the nature of man considered with regard to right: of the understanding, and whatever is relative to this faculty.
Sect. 1. Design of this work: what is meant by natural law.
Sect. 2. We must reduce 2 the principles of this science from the nature and state of man.
Sect. 3. Definition of man; what his nature is.
Sect. 4. Different actions of man: which are the object of right?
Sect. 5. Principal faculties of the soul.
Sect. 6. The understanding; truth.
Sect. 7. Principle. The understanding is naturally right.
Sect. 8. In what manner perception, attention, and examen, are formed.
Sect. 9. Evidence; probability.
Sect. 10. Of the senses, the imagination, and memory.
Sect. 11. The perfection of the understanding consists in the knowledge of truth. Two obstacles to this perfection, ignorance and error.
Sect. 12. Different sorts